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(영문) 의정부지방법원 2020.05.29 2019노1088
출입국관리법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of 6 million won) by the lower court is deemed to be too unhued and unreasonable.

2. The crime of this case is deemed to have employed a foreigner who does not have the status of sojourn that allows the defendants to engage in job-seeking activities, and the liability for the crime is not less severe in light of the circumstances and contents of the crime, etc., but it reflects the defendants' fault by recognizing all the facts charged of this case, Defendant A did not have any record of punishment for the same crime, Defendant A did not have any record of punishment for the same crime, Defendant A did not submit new sentencing data in the trial, and there is no change in sentencing conditions compared with the court below. In light of the sentencing conditions indicated in the argument of this case, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., it cannot be deemed unfair since the sentence imposed by the court below is too un

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, it is dismissed in entirety under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, Article 99-3 of the Immigration Control Act shall be corrected to "Article 99-3 Item 2 of the Immigration Control Act" in Part 3 of the judgment of the court below clearly that it is a clerical error in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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